G.C.MITAL,J - (1.) THERE was an order of provisional determination of rent and under that order the arrears were to be paid by a certain date and thereafter, every month rent was payable. The tenant deposited Rs. 10,200/- towards rent on 6th February, 1987 and there was short fall of Rs. 80/-. The delay in deposit of Rs. 80/- has been condoned and that is not a matter for consideration in this revision.
(2.) FOR the months of March to June, rent was paid to the landlord through his counsel and in this revision, I am concerned with the default committed for the rent due for the month of July, 1987. The case of the tenant is that on 18th August, 1987 Rs. 200/- were given to his counsel towards the July 1987 rent, but the counsel forgot to deposit in court or to give it to the counsel for the landlord, for such default he should not be penalized and the delay should have been condoned.
(3.) BOTH the courts below took several factors on the record into consideration and declined to condone the delay and struck off tenant's defence by order dated 30th January, 1991. This is tenant's revision.;